Anti-Dumping and Anti-Trust Issues in Free-trade Areas

Gabrielle Marceau

Economists argue that anti-dumping actions restrict and distort competition. Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. At the same time, anti-dumping measures are an exclusive exercise of sovereignty and would seem to protect statehood and arguably other national interests of any importing state. This book is concerned with the regulation of business practices within free trade areas, discussing the economics and control of dumping and other restrictive practices, with special emphasis on the GATT and NAFTA.

Anti-Dumping and Anti-Trust Issues in Free-trade Areas

Gabrielle Marceau

Description

This book is concerned with the regulation of business activity within free trade areas and, in particular, with the law of economics of dumping and other anti-competitive practices. The author considers the legitimacy of anti-dumping measures in free trade areas, with particular reference to the recent NAFTA agreement. Within a free trade area, anti-dumping laws are an inappropriate mechanism for dealing with imported products that may be harmful to the interests of the importing state; a better way of tackling this problem would be to apply competition law. In turn, this might be particularly effective if the competition laws of a state could be applied extra-territorially and, and recent developments in the concept of positive comity may be of major significance
in this respect. This work will be particularly useful to academic readers as well as practitioners concerned with competition issues.

Anti-Dumping and Anti-Trust Issues in Free-trade Areas

Gabrielle Marceau

Reviews and Awards

"A useful framework for dialogue between antidumping and antitrust proponents...."--American Journal of International Law

"A welcome addition to the literature on anti-dumping measures....This analysis arrives at a time when there appears to be a need for harmonizing national anti-competition laws among trading nations."--ASIL United Natinos Decade Newsletter